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    redsox33's Avatar
    redsox33 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Nov 29, 2007, 09:44 AM
    Vacat a judgment
    If I'm on social security disablity can I have a judgment vacated?
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
    		  
    #2

    Nov 29, 2007, 10:13 AM
    YES GIVE THIS TO YOUR BANK AND THE COURT.

    For your information about Social Security Benefits


    Safe from Garnishment



    Federal law makes Social Security benefits exempt from levy, garnishment, and assignment- 42 USC 407(a) states. "In general the right of any future payments under this sub chapter SHALL NOT be Transferable or assignable. AND NONE of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levey, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law".

    This means that even if a creditor or debt attorney, collection agency has a judgement against you they CAN NOT garnish your SS payments nor can they take the money from you after it has been paid to you; for example, the portion of your bank account that is attributable to your SS benefits is EXEMPT from LEVY OR ATTACHMENT
    __________________
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #3

    Nov 29, 2007, 12:36 PM
    Quote Originally Posted by mr.yet
    YES GIVE THIS TO YOUR BANK AND THE COURT.

    For your information about Social Security Benefits


    Safe from Garnishment



    Federal law makes Social Security benefits exempt from levy, garnishment, and assignment- 42 USC 407(a) states. "In general the right of any future payments under this sub chapter SHALL NOT be Transferable or assignable. AND NONE of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levey, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law".

    This means that even if a creditor or debt attorney, collection agency has a judgement against you they CAN NOT garnish your SS payments nor can they take the money from you after it has been paid to you; for example, the portion of your bank account that is attributable to your SS benefits is EXEMPT from LEVY OR ATTACHMENT
    __________________

    I thought you could exempt your SS payments and/or bank accounts (for the portion of SS paid) but that SS disability is not a defense to a Judgment nor can you use SS disability to vacate a Judgment - am I wrong?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Nov 29, 2007, 01:20 PM
    I think Mr Yet jumped the gun here.

    No you cannot get a judgement vacated because your only income is SS. But you can exempt your bank account from attachment as Mr Yet advised.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #5

    Nov 29, 2007, 02:41 PM
    Yes, scott has it, they can always get a judgement, they merely can not get the SS money
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